The Minnesota Court of Appeals has sent a case back to Blue Earth County for resentencing.
In 2015, Dominique Breham was charged with two counts of being a prohibited person in possession of ammunition, one count of fifth-degree controlled substance possession, and one count of possession of a synthetic cannabinoid. The complaint alleged that law-enforcement officers executed a search warrant at Breham’s home and discovered ammunition, cocaine, synthetic marijuana, and drug paraphernalia.
A plea agreement shows Breham entered an Alford plea – sometimes known as a no-contest plea – to charges of being a felon in possession of ammunition and a drug possession charge, and the deal called for a stay of execution on jail time.
Appellate judges ruled that the district court should be required to resentence him to a stayed sentence as he was promised under his plea agreement or he should be allowed to withdraw his guilty plea.